| November 16, 2009 |
| What Is Chapter 13 Bankruptcy? |
| Posted By Malaise Law Firm |
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| A chapter 13 bankruptcy is also called a “reorganization plan” or a “wage earner’s plan.” A debtor who files a chapter 13 bankruptcy intends to repay all or part of her debts in installments to creditors over three to five years. The individual’s ... |
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| Continue reading "What Is Chapter 13 Bankruptcy?" » |
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| November 16, 2009 |
| Bankruptcy Means Test |
| Posted By Malaise Law Firm |
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| Passing the Means Test The Means Test is a formula designed to identify debtors that can afford to pay some of their unsecured debts (for instance, credit card debt) and encourage repayment of these debts through a Chapter 13 repayment plan. Debtors ... |
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| Continue reading "Bankruptcy Means Test" » |
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| November 16, 2009 |
| Chapter 13 Co-Debtor Stay |
| Posted By Malaise Law Firm |
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| The “Co-Debtor Stay,” also known as the “Co-Debtor Automatic Stay,” is a feature of a Chapter 13 Bankruptcy designed to protect a debtor by insulating him from indirect pressures from his creditors exerted through friends or relatives. The Co-Debtor ... |
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| Continue reading "Chapter 13 Co-Debtor Stay" » |
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| November 16, 2009 |
| Bankruptcy's "Fresh Start" |
| Posted By Malaise Law Firm |
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| The principal theory of consumer bankruptcy in America is that it provides a “fresh start” to debtors. A prime example of this policy is found in the 1918 Supreme Court case of Stellwagen v. Clum in which the Court stated: “This purpose of the act ... |
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| Continue reading "Bankruptcy's "Fresh Start"" » |
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| November 16, 2009 |
| Discharging Credit Card Balances |
| Posted By Malaise Law Firm |
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| As a general rule, credit card debt is among the easiest type of debt to discharge during a Chapter 7 or Chapter 13 Bankruptcy. However, in some cases credit card companies will dispute the discharge of credit card debt by filing an adversarial ... |
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| Continue reading "Discharging Credit Card Balances" » |
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| November 16, 2009 |
| Outstanding Payday Loans During Bankruptcy |
| Posted By Malaise Law Firm |
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| Payday loan companies prey on individuals experiencing financial difficulties. These lenders offer a short-term loan of a few hundred dollars that will be repaid on the borrower’s next payday. To obtain the loan the borrower usually writes the ... |
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| Continue reading "Outstanding Payday Loans During Bankruptcy" » |
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| November 16, 2009 |
| Bankruptcy and Child Support Obligations |
| Posted By Malaise Law Firm |
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| If you are paying child support, you may be confused about the effect of a bankruptcy filing on your child support obligation. A bankruptcy filing generally protects the debtor from the collection actions by creditors, but Congress has not extended ... |
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| Continue reading "Bankruptcy and Child Support Obligations" » |
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| November 16, 2009 |
| Bankruptcy Filing in Texas |
| Posted By Malaise Law Firm |
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| Will Filing Bankruptcy Ruin My Credit? “Will filing bankruptcy ruin my credit?” This is a common question asked by individuals contemplating a bankruptcy filing. Usually this question is answered by asking another question, “If you are considering ... |
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| Continue reading "Bankruptcy Filing in Texas" » |
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| November 15, 2009 |
| Dallas Bankruptcy Attorneys |
| Posted By Malaise Law Firm |
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| Dallas, the third largest city in Texas, is the economic centre of Dallas-Fort Worth-Arlington metropolitan area. Cases of bankruptcy filing, as the statistics reveal, are on the rise in Dallas. According to the data published by the United States ... |
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| Continue reading "Dallas Bankruptcy Attorneys" » |
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| August 19, 2009 |
| Reaffirmation Agreements |
| Posted By Malaise Law Firm |
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| A Chapter 7 bankruptcy discharge releases an individual from personal liability for most debts and prevents creditors from taking collection action against the debtor. In other words, the bankruptcy discharge is a legal injunction prohibiting the ... |
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| Continue reading "Reaffirmation Agreements" » |
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| August 17, 2009 |
| Will Bankruptcy Ruin My Life? |
| Posted By Malaise Law Firm |
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| Clients have many questions during the initial appointment with a bankruptcy attorney. The most common concerns are losing property, and rebuilding credit after the bankruptcy case is over. Occasionally someone will ask a straight-forward question: ... |
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| Continue reading "Will Bankruptcy Ruin My Life?" » |
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| August 14, 2009 |
| Don’t Let Zombie Debts Haunt You |
| Posted By Malaise Law Firm |
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| If a debt collector is harassing you over a debt that you thought was dead and buried, you may be dealing with a zombie debt. The usual scenario is an unexpected phone call or letter asking for payment on a debt that is either outside the statute of ... |
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| Continue reading "Don’t Let Zombie Debts Haunt You" » |
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| August 12, 2009 |
| Debt Relief Companies: So Many Names, So Many Scams |
| Posted By Malaise Law Firm |
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| Debt relief ads seem to be everywhere: on television, on the radio, and in newspapers and magazines. These companies use different terms to describe their services like counseling, consolidation, negotiation, mediation, settlement, reduction, ... |
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| Continue reading "Debt Relief Companies: So Many Names, So Many Scams" » |
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| August 10, 2009 |
| Auto Redemption in Chapter 7 Bankruptcy |
| Posted By Malaise Law Firm |
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| During a Chapter 7 bankruptcy all unsecured debts are discharged. Debts that are secured by collateral (e.g. car loans) must be paid or the collateral must be returned to the lender. Occasionally an individual considering Chapter 7 bankruptcy will ... |
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| Continue reading "Auto Redemption in Chapter 7 Bankruptcy" » |
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| July 14, 2009 |
| The dreaded pink slip, pockets are empty |
| Posted By Malaise Law Firm |
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| Unemployment is on the rise in the U.S. and your creditors will be knocking or calling within thirty (30) days asking for payment(s). You may have the thought of delaying the payments but don’t delay in making the decision to visit an attorney for ... |
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| Continue reading "The dreaded pink slip, pockets are empty" » |
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| July 14, 2009 |
| Duck and cover or file chapter 13 to stop foreclosure |
| Posted By Malaise Law Firm |
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| In the State of Texas normally the first Tuesday of each month is the designated date to have your house sold or foreclosed upon. Before that arrival date, you will receive correspondence from your mortgage company dictating that your are in default ... |
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| Continue reading "Duck and cover or file chapter 13 to stop foreclosure" » |
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| July 14, 2009 |
| Families filing for bankruptcy, less healthcare coverage |
| Posted By Malaise Law Firm |
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| IS THE DOCTOR IN? – Aside from the foreclosures, tax liability and repossession, the cost of medical services leads the charge in having families file for bankruptcy in the United States because many have no health coverage. Filing for bankruptcy is ... |
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| Continue reading "Families filing for bankruptcy, less healthcare coverage" » |
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| January 12, 2009 |
| What is Bankruptcy? |
| Posted By Malaise Law Firm |
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| Bankruptcy is a legally declared inability or impairment of ability of an individual or organization to pay its creditors. Creditors may file a bankruptcy petition against a debtor (”involuntary bankruptcy”) in an effort to recoup a portion of what ... |
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| Continue reading "What is Bankruptcy?" » |
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